General Terms & Conditions of the Sunny Soul Retreat

 

1. Travel Contract / Binding Application

1.1.With the travel registration the customer offers the Sunny Soul Lda., in the following just marked by “SSL”, the binding conclusion of a travel contract to – the registration is due to the service descriptions and prices presented online on our website or in our current catalog. Registration can be made written by mail, by fax, or by booking request. The travel contract is concluded by our acceptance of the offer. The acceptance requires no particular form. After conclusion of the contract the customer gets a written confirmation which will be sent by SSL. SSL is not committed of the communication of a written confirmation if the booking is made by the customer in less than 7 working days prior to departure.

1.2. The registration is made by the applicant for all participants listed in the booking document. The applicant is responsible for their contractual obligations as well as for its own obligations. In case that he has acquired a separate obligation by an explicit and separate declaration.

1.3. The minimum age for participation in the travels of SSL is 18 years. For participants that start the journey under the age of 18 a written consent of the parents or legal guardian is required.

1.4. If the confirmation of SSL differs on the content which the customer sent with the booking, then there will be a new offer by the SSL, to which we are bound ourselves during a period of 5 days from the date of the confirmation. The client should confirm within this period by express or implied statement (payment of the total price).

 

2. Payment of the travel price

2.1. Within 5 days after receiving the booking confirmation a deposit of 50% on the travel price is required. The travel documents will be sent to the customer upon receipt of the payment (via email / fax / mail) or handed out. Edit and change fees are due immediately.

2.2. The rest of the payment is due no later than four weeks before departure. The deposit will be credited toward the remaining amount. If the price of the travel is not paid on time, please understand that we are obliged to charge a flat fee of € 10 per reminder. Please note that the receipt of the payment is for determining the compliance deadline. If the agreed payment amount or the cost of the travel (even after default in payment) is not fully paid, we have the right to cancel the travel contract and charge for the calculation of damages the corresponding cancellation fee. Presumed that it is not provided till this point travel lack entitling the resignation.

2.3. For short-term bookings within 4 weeks before the start of the journey, the entire amount will be due with the registration confirmation.

 

3.Services

3.1. Our services result from the specifications and the general information on our website and on the details referring of the booking confirmation. Verbal ancillary agreements (such as agreements, requests), which alter the scope of contractual services shall require written confirmation by the SSL.

3.2. The execution of the services offered by SSL or offered by local service providers take only place under the condition that a minimum number of participants, which is determined by the respective organizers, is achieved.

3.3 The noncontractual services provided by SSL travel on behalf of the travel participant within the framework of the travel arranged by SSL are not part of the Travel Contract. SSL is therefore not liable for the performance of these services themselves. SSL is not liable for the conduct of these services themselves. Any liability shall be governed in cases according to the terms and conditions of the brokerage provided to the traveler. If we as a tour operator provide third-party services, as far as we explicitly state in the travel description and in the travel confirmation, we are not liable for the performance of these third-party services.

 

4. Cancellation, performance and price changes

4.1. SSL is allowed to withdraw from the contract till the 28 day before departure if the minimum number of 3 participants is not reached. If another minimum number is required, they will be indicated in the travel descriptions.

4.2. If the trip will be impeded, endangered or impaired – by a force majeure which at the conclusion is unpredictable – then both SSL and the traveler may terminate the contract. The legal consequences arise from the law.

 

4.3. SSL is obligated to inform the customer about a permitted travel cancellation or a substantial change of a substantial travel service immediately after becoming aware thereof and to inform clearly on a durable data medium, understandably on the changes.

 

5. Cancellation and rebooking

5.1. The customer can withdraw at any time prior to the beginning of the trip. For evidence reasons the resignation should be in written form.

5.2. In case of withdrawal SSL may require a lump sum compensation which is calculated according to the following fixed amounts per person. Decisive for the cancellation date is the receipt of the cancellation explanation for SSL. The compensation is calculated as follows depending on the receipt date of the customers cancellation:

  • Cancellation up to 3 months prior to departure flat rate of €100,
  • Cancellation 45 days before departure: 25% of the travel price
  • Cancellation from 29 – 15 days before departure: 50%, of the travel price
  • Cancellation 14 – 7 days before departure: 80% of the travel price
  • Cancellation up to 6 days prior to departure: 100% of the travel price

Should extra booked services be canceled, a flat rate of €10 per cancelled extra service will be charged.

5.3. Evidence that a much smaller damage than the required fee, remains unaffected by it.

5.4. If the traveler cancels the contract or doesn’t travel, SSL demands as compensation instead of the aforementioned values also the travel price less the value of the saved expenses and otherwise used services. SSL reserves the right to demand, in derogation from the above values a higher, specific compensation. In this case, SSL is required to quantify and document the required compensation, taking into consideration the cost savings and possible other use of the travel services.

5.5. In case of cancellation or failure to travel the claim for the booked space expires.

5.6. SSL is entitled to occupy the vacant space, which resulted from the resignation of the customer travel, by another client.

5.7 The customer has the option to complete a travel insurance and cancellation insurance to cover repatriation costs in case of accident or illness. We will note this in writing at the conclusion of a contract.

5.8. The traveler can arrange to be replaced before traveling by a third party. KSR may object to the change in the client, if additional costs will be caused by the participation of this person or if the person has any special requirements in relation to travel or conflict with national / international regulatory requirements to participate. Payments which are already made do not expire.

 

6. Liability

6.1. Our liability is governed by the legal requirements.

6.2. SSL is liable for conscientious travel preparation, careful selection and monitoring of service providers, correctness of the service description and proper provision of the contractually agreed travel services.

 

7. Limitation of Liability

7.1. The contractual liability of the SSL for damages other than physical damage is limited to three times the tour price. This in case that the clients damage was not caused intentionally or negligently or if SSL is responsible for the client’s damages incurred solely because of a service provider. Limiting liability or disclaiming legal requirements based on international conventions, and on which our service providers rely on, may also apply in favor of SSL. The disclaimer for property damage, which is not caused on purpose or gross negligence, is for each client and trip 3000, – €. If the tour price per person is over € 1,000, the liability is limited to the amount of three times the tour price. We recommend urgently to cover such risks by an appropriate insurance package.

7.2. SSL is not liable for any default in connection with services that are arranged as external services (such as sporting events, exhibitions, etc.) and which are expressly identified in the tour as a external services. A claim for compensation against the tour operator is limited or excluded due to international conventions or based on such legal requirements. A claim for damages against the service provider may only be applied under certain conditions or restrictions or is excluded under certain conditions.

 

8. Declaration of Responsibility

8.1 SSL staff cannot always ensure that customer baggage is supervised. We are therefore not liable for loss of baggage. No liability is accepted for burglary, theft or gross negligence. We therefore strongly recommend that you take out baggage and travel accident insurance. The participant is liable for any damage caused by items carried by him.

8.2. SSL is not liable under article 790 of the BGB for travel impairments due to force majeure (earthquake, terrorism, storms, floods, accidents, etc.) or other strikes from external service provider or organizer.

 

9. Contractual obligations and information

9.1 Risk

All participants are responsible for selecting a service that is appropriate to their state of health and personal physical and mental abilities. The participant expressly declares that from a medical point of view there are no objections to participation. SSL draws your attention to the fact that the sports activities offered are associated with an increased risk, e.g. accidents, which can lead to injuries, disabilities or even death. As SSL has no control over your abilities, SSL disclaims all liability. All participants are responsible for any accident, death or damage to themselves or third parties.

9.2 Insurance

The participant is responsible for insurances of any kind. We recommend the conclusion of a travel resignation, luggage, travel accident and foreign health insurance.

9.3 If the tour is not provided in accordance with the contract, the customer shall only have the statutory warranty rights of remedy, reduction of the tour price, termination of the contract and damages if the customer does not culpably fail to notify the tour operator of a defect that occurred during the tour.

9.4 In the case of a defect, the customer may only remedy the defect himself or, in the case of a significant defect, cancel the trip if he grants the organizer a reasonable period of time to remedy the defect. A deadline is not required if the remedy is impossible or is refused by the Tour Operator or the immediate remedy or termination is required by a special interest of the Customer.

9.5 The SSL employee will accept a notification of defects on site. If, contrary to expectations, the customer cannot reach the employee or if a tour guide is not part of the travel contract, the customer should contact the tour operator directly: Sunny Soul Lda., Rua Bernardim Ribeiro 60, 2775-165 Parede Portugal Tel: +351-918782452

9.6 A complaint only to the local agency does not meet these requirements.

9.7 The customer must assert warranty claims according to the law within three years after the contractual end of the trip at the seat of the tour operator: Sunny Soul Lda., Rua Bernardim Ribeiro 60, 2775-165 Parede, Portugal. Claims arising from the travel contract can only be asserted by the traveler himself. An assignment of these claims is inadmissible. The customer must assert claims arising from the travel contract with SSL within three years of the agreed date of return. After the expiry of the deadline, the contractual partner (customer) may assert claims if he has been prevented from adhering to the deadline through no fault of his own. Claims against the tour operator expire after three years. The period of limitation begins on the day on which the trip ends in accordance with the contract. If the contractual partner (customer) has asserted his claims against the organizer in due time, the statute of limitations shall be suspended until the day of the written rejection by the organizer. Claims arising from unlawful acts become statute-barred after a period of three years. The suspension ends if one party refuses to continue the negotiations. The statutory limitation periods shall apply to claims arising from unlawful acts.

9.8 Exclusion

SSL expects the participant to respect the customs, traditions and laws of the host country. Should the participant infringe them, the participant gives the organizer the opportunity, after written warning, to exclude him from further travel in case of repetition, without reimbursement of the travel price. In the event of gross violations (e.g. criminal offences such as intentional bodily injury, threats, theft, drug consumption, excessive alcohol consumption, wilful damage to property, etc.), immediate exclusion of the trip is considered. Any costs incurred shall be borne by the customer. The same applies if the customer should disturb the harmonic interaction in the group significantly.

9.9 Environment

All unforeseen noises related to everyday life in Malveira da Serra, as dogs barking, bells of the church or any building work in the neighborhood are largely beyond our control. Therefore SSL cannot be held responsible for this.

9.10 Bed linen and towels

All beds are freshly covered on arrival. Bed linen is changed once a week. Towels for kitchen and bathroom are also available and can be changed twice a week. Towels are not allowed to be taken to the beach.

9.11 Pool

Use of the pool is at your own risk. Dear parents, please comply with your duty of supervision and do not leave your children unattended in the pool area.

9.12. Smoking is prohibited in all areas of the house. Smoking is permitted in the outdoor areas and in the pool area.

9.13. Pets of any kind are not allowed.

9.14 Image usage / data usage / data protection

The subscriber/participant agrees that all photos and video material which is taken during events and sporting activities may be used by Sunny Soul Retreat for marketing reasons. This consent can be revoked at any time. The subscriber/participant consents that personal data collected are used for market research and marketing purposes. With regard to the registered data of the participants, Sunny Soul Retreat commits to comply with the privacy and media law. In particular, the data will be treated confidentially. The participant can revoke his consent in writing at any time. If he has revoked the consent to data used under this paragraph shall not take place.

 

10. Passport, visa and health regulations

10.1 SSL is committed to inform nationals of the State in which the tour is offered about passport, visa and health requirements and any possible changes prior to departure. SSL shall inform about the requirements for nationals of another State, if the membership of passengers to another state is recognizable. SSL assumes no liability for loss arising from non-compliance with the above regulations.

10.2 SSL is not liable for the issue and receipt of necessary visas by the respective diplomatic representation if the Traveler has commissioned the Tour Operator to procure such visas, unless SSL is responsible for the delay.

10.3 A traveler who does not have complete and proper travel documents at the start of the journey or during the journey may be excluded from the journey. Expenses can not be reimbursed in this case.

 

11. Effectiveness

11.1. With the appearance of new web content on our social networks, the effectiveness of the conditions and prices of the previous content automatically expires.

 

12. General

12.1 The place of jurisdiction for claims against SSL is exclusively the registered office of the company.

12.2 For complaints of SSL against the client the residence of the traveler is decisive, unless the action is directed against merchants or individuals who have no general jurisdiction in land, or against persons who have changed their place of residence or usual place of abode to aboard, or whose domicile or habitual residence at the time of the action is not known. In these cases, the head office of SSL is decisive.

12.3 This agreement shall be governed by portuguese law.

12.4 Amendments to the GTC’s

The invalidity of individual provisions of these contractual conditions shall not result in the invalidity of the entire contract. The place of jurisdiction for SSL is Lisbon, Portugal.

 

13. Responsible for the Sunny Soul Retreat project:

Sunny Soul, Lda.

Head Office: Rua Bernardim Ribeiro 60, 2775-165 Parede, Portugal

Contact Mobile: +351 91 878 2452

Managing Director: Samira Bühler

Web: www.sunny-soul-retreat.com

Mail: hello@sunny-soul-retreat.com

Status T&C 01.01.2019